Not sure if this pic required a release..

[ella5471]

Ok, so I took this pic a while ago on a public beach, we were all about to leave so I decided to get one last shot. And it was one of the best pics of the day. The problem is someone happened to be sitting in the lower right that I did not know; and they even make the pic better. I would crop them out to negate this being an issue, but if I do that the framing will be practically ruined. So, I want to know if I even need to be worrying about this at all. As it was in a public place. Btw I'm new to this I'm sure its obvious to some.

Thanks, Ella.

 

[tirediron]

Without knowing where in the world you are, no one can say for sure, but if you're in Canada or the US, then almost certainly not unless you're considering this for commercial use. What the image does need however is to be levelled; the ocean is running out of the LH side and all over my desk!

 

[ella5471]

Alright thanks (and yes the US) And yea I know I'm actually getting some practice with photoshop at the moment for just that sort of thing. XD

 

[Granddad]

If the person is recognisable you need a release if you are going to sell the photo for commercial use. I don't think this person is.
Check out this page (a stock photo website) Property And Model Releases Explained | Alamy then Google the subject for more info.

 

[vintagesnaps]

Depends on how you intend to use the photo.

A release is usually needed for commercial use (advertising etc.) and retail use (selling merchandise with the image on it). It's not usually needed to sell it as a fine art print. It's not usually required for editorial use (newspaper etc.) but might be requested in some cases (such as if the media outlet has not worked with the photographer before).

Alamy is out of the UK, although they have a US office; their information seems to be what they do on their site but not necessarily what is done otherwise in the US so that info. in the link above may not apply to your situation. Try looking at American Society of Media Photographers or PPA or other professional photographers organizations for guidelines. ASMP has a pocket release to carry with you and an app.

Usually the guideline is if the person (or property) is recognizable. To me if I knew this person and saw the picture, I think I'd know who it is. If you live in the area and use it locally I suppose someone could see it and recognize the person.

In the future, if you think you may use a photo other than personal use you might need to think about getting a release signed at the time. Or move around a little and change your vantage point and keep the person/people out of the pictures if you're photographing landscape or scenery. This may or may not be a public place; if it's in a park for example it could be under policies of the park district regarding camera use, etc. and you might need to look at the website for the park.

 

[Granddad]

Excellent points Vintage. Just a couple of additions and replies:

Depends on how you intend to use the photo.
Alamy is out of the UK, although they have a US office; their information seems to be what they do on their site but not necessarily what is done otherwise in the US so that info. in the link above may not apply to your situation. Try looking at American Society of Media Photographers or PPA or other professional photographers organizations for guidelines. ASMP has a pocket release to carry with you and an app.
Alamy sells worldwide so their releases HAVE to conform to the most rigorous standards. Model releases are not normally required in the UK but in practice you'll never sell an image or get it accepted by a stock agency without one that conforms.

Usually the guideline is if the person (or property) is recognizable. To me if I knew this person and saw the picture, I think I'd know who it is. If you live in the area and use it locally I suppose someone could see it and recognize the person.
I bow to your superior eyesight. Where I live broadband is slow at time so I couldn't look at the full size image without waiting half an hour for it to load.

In the future, if you think you may use a photo other than personal use you might need to think about getting a release signed at the time. Or move around a little and change your vantage point and keep the person/people out of the pictures if you're photographing landscape or scenery. This may or may not be a public place; if it's in a park for example it could be under policies of the park district regarding camera use, etc. and you might need to look at the website for the park.
Agencies would take them for editorial, as you said. Sometimes when you get a shot like this you don't have the time to move enough to get the shot or by moving the shot is lost. In these cases, if you can't get the release you just keep the shot as fine art (or editorial, or for personal boasting) and wait for the next time... there will be a next time if you are patient and have your camera with you.